The Portland daily press., 1887-08-08
ADMIRAL LUCE REBUKED.
His Circular to American Fishermen
to be withdrawn.
Captain Scott Not Recognized as
Proper Authority for Americans.
What the Admiral Has To Tell About
the Matter.
Especial 70 the PRRss.l

Lopcctal W TIC hEcs.l
HALIFAX, N. s., Aug. 7.--Admiral Luce
authorizes the following statement in regard
to the circular which he issued, giving in
structions to American fishermen:
"My position is easily defined. 1t is un-
derstood by common report that the United
States government and that of Great Britain
ars now negotiating for settlement of the
fisheries question. Pending these negotia-
tions, it is the part of the United States YES
sells of war in Canadian waters to avoid do
ing anything that might even harass our gov
ernment or add to the complication of the
various questions at issue. The ships of the
North Atlantic squadron were not sent to
the Gulf of st. Lawrence to prevent, by
force, the seizures of American fishermen by
the Dominion cruisers for alleged violation
of the laws for the protection of the inshore
fisheries, but rather to render such moral
support as the mere presence Of our ships
might afford. In the event of a seizure of an
American fishing vessel for an alleged viola
tion of the laws Of the Dominion, the case
must be fought out in the courts,
and not by the Dominion cruiser
and a vessel of war of the United States
This is not abating one jot or little of the
American side of the question, for, if the
Dominion courts find in opposition to the
claim of the United States then the case can
be taken up by our government and submit
ted, if necessary, to arbitration. The appeal
to arms, as some of our newspapers suggest,
is supposed to be the measure of last resort
Had the entire United States navy been
present at the first of the trouble in 1886, 1t
could not have legally prevented the seizure
by very small Dominion cruiser of the
Highland Light for fishing within the three
mile limit. However tenaci0usly we may
uphold the justice of the American side of
the question, it has not saved the causes of
the David j. Adams, and Ella M. Dough-
ty from dragging through the courts now for
over a year and, whatever, may be the decl-
sion in these cases, the fact remains that the
voyage in each case was broken up, and the
parties most directly concerned subjected to
much inconvenience.
Hence to enable our fisherman to keep out
of the courts, the first and most obvious step
is to ascertain the nature of the instructions
issued to the dominion cruisers and, having
obtained that information, the next step
was to give our fishermen the benefits of it,
without endorsement by me or any Ameri-
can official of the views embraced in these
instructions. Coupled with this informa-
tion is the warning that in the event Of seiz-
ure, the case would have to go to the
court and our vessels of war were not en-
powered to interpose force or to prevent the
law from taking its course.
The only exception to this that am aware
of is insdoubtful cases, or in cases wherel the
rights of our fishermen seem to have been
clearly violated by the Dominion cruisers.
In thar event the question is referred by the
nearest United States consul to our consul
general at Halifax, who makes up the case
and submits it to the State Department at
Washington.
Secretary Whitney's Instructions.
WASHINGTON, Aug. 6.--Admiral Luce has
submitted to the Navy Department the cir
cular recently printed by him for the infor-
nation of fishermen in Canadian waters,
giving the queries presented by him to Cap
tain Scott of the Canadian navy, and Captain
Scott's replies defining the rights of United
States vessels in Canadian ports. Admiral
Luce says that these circulars have been dis
tributed among the fishing feet, Upon re-
ceipt of this information, Secretary Whitney
cabled Admiral Luce as follows.
admiral Lace Ha1ifdrs--
81 assume that your application to Capt, Scott
was not fer the purpose OF obtaining from him an
exposition of law, but to enable our fishermen to
know the extent of Canadian claims, and thus
avoid difficulties If they so choose. This Is not
quite clear from your report, and it would be bet
ter to issue no more circulars and withdraw such
as are Within your reach. Captain Scott Is not
understood to be the agent of his government for
any such purpose as that for which you have en-
ployed him, and If he we're, application might be
mad made properly to our our government, in case q cor
w. c. WHITNEY,
Secretary of the Navy"